Terms & Conditions of Hire

1. Application of Conditions

1.1 These Conditions (as amended from time to time by TTT Entertainment at the Company's sole discretion) apply to the hire of any goods by the Hirer from TTT Entertainment (the Company).

1.2 These Conditions are the only conditions upon which the Company is prepared to deal with the Hirer and they shall govern each order for goods by the Hirer from the Company to the entire exclusion of all other terms or conditions (including any terms or conditions which the Hirer purports to apply under any purchase order, confirmation of order, specification or other document).

2. Formation of Contract

2.1 Each order for goods by the Hirer from the Company shall be deemed to be an offer by the Hirer to hire such goods subject to these Conditions and no order shall be deemed to be accepted by the Company until a written acknowledgment of order is issued by the Company or (if earlier) the Company delivers the goods to the Hirer.

3. Delivery and Receipt

3.1 It is the responsibility of the Hirer to provide an authorised representative to accept the ordered goods and give a signed receipt for such goods. Should the Hirer not provide for this he will not be permitted to dispute the facts of delivery etc.

3.2 The period of hire shall commence at the time when the goods are delivered to the Hirer in the manner and to the person, destination or site indicated by the Hirer in the order.

4. Care of Goods and Damage

4.1 The Hirer undertakes to keep the hired goods in good condition and to return all of them to the Company in the same order and condition in which the Company supplied them.

4.2 The Hirer shall be responsible for the cost of repairs for damage, from whatever cause, to any hired goods during the period of hire.

4.3 Goods lost or destroyed during the period of hire, whether or not through the fault or negligence of the Hirer, will be charged to the Hirer's account at the current replacement value.

4.4 The goods are hired out by the Company on loan to the Hirer. Under no circumstances, shall the Hirer deem the goods sold, or for sale to, or the property of the Hirer, unless otherwise specified in writing by the Company.

5. Liability and Warranties

5.1 The Company will endeavor to meet all commitments relating to the hired goods which have been expressly agreed in writing with the Hirer but cannot be held responsible for delays due to circumstances beyond its control.

5.2 The Hirer agrees that the Company will not be liable for any loss (including, without limitation, loss of profits, revenue, contracts, business, anticipated savings, goodwill, reputation, or any indirect or consequential losses), claims, costs, damages, charges or expenses arising out of or in connection with the use or otherwise of any item hired by the Hirer from the Company.

5.3 Nothing in these Conditions shall operate to exclude or limit the Company's liability for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.

5.4 The goods are provided to the Hirer "as is" and without warranty of any kind, whether expressed or implied, written or oral. The Company disclaims, to the fullest extent permitted by law, all warranties, whether express or implied, written or oral, with respect to the goods, including any warranty of fitness for a particular purpose.

6. Termination

6.1 Without prejudice to any of its other rights or remedies, the Company shall have the right at any time by giving notice in writing to the Hirer to terminate any order forthwith if:

• The Hirer commits a breach of any of these Conditions and, if the breach is capable of remedy, fails to remedy it during the period of 30 days starting on the date of receipt of notice from the Company requiring it to be remedied;
• The Hirer fails generally to pay its debts when they become due, or is deemed unable to pay its debts;
• Any step is taken for the purpose of making an administration order against, or for the appointment of an administrator in respect of, or for the winding-up or dissolution of, the Hirer;
• The Hirer ceases or threatens to cease to carry on its business.

7. General Provisions

7.1 If any provision of these Conditions shall be found by any court to be invalid or unenforceable, such invalidity shall not affect the other provisions which shall remain in full force and effect.

7.2 No variation to these Conditions shall have any effect unless expressly agreed in writing and signed by an authorised representative of both the Hirer and the Company.

7.3 A person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions.